CBA Record May-June 2022

35 TH ANN I VERSARY OF THE CBA RECORD

Justice LeRoy Martin, Jr., Illinois Appellate Court, First District: Pre-trial motions have the potential to narrow issues or resolve a case without trial. This in turn saves court resources and more importantly saves the litigants time and money. Should Lawyers Push or Resist Discovery? Coleman: Do not be afraid of discovery but be cautious when it becomes very intrusive. From the pandemic, we have learned that everyone does not have to be in the same room to complete a depo sition. Do not shy away from Zoom or video discovery. Associate Judge Israel Desierto, Cook County Circuit Court, Law Division: Comply with discovery. The perception of a reasonable and professional advocate is preferable to the alternative. Word gets around. Martin: Lawyers must act within the rules and the spirit of the rules. Discov ery clearly has its place but should not be used to harass the other side. Cost to the client should always be a strong consider ation as well. What Goals Should Lawyers Try to Achieve During Jury Selection? Coleman: Lawyers should look for a neu tral, fair person who will seem to get along with others – a team player as opposed to a team leader. McWilliams: Jury selection experience serves several functions. Mostly, an attor ney would want to attempt to vet any prejudices, or explicit or implicit biases a

Every Lawyer Has Faced an Opponent Who Is A “Star.”What is Your Advice to The Less Experienced or Less Famous Lawyer? Sheldon Gardner, Cook County Circuit Court Judge: Every lawyer uses style and personality to sell himself or herself. Judges are impressed by lawyers who are quiet, careful, polite, cautious, and honest. Sidney A. Jones, III, Cook County Circuit Court Judge: Jurors look beyond differences in experience and skill of the lawyer. Preparation will compensate for your opponent’s superior experience and skill.

From “Judges’ Advice to Lawyers,” April 1996

is always necessary. Even if you have a “simple” matter, you should give the jurors and the court the respect of letting them know what your purpose and intent is as a trial proceeds. Obviously, it should be an overview of what you believe the evidence will show as the trial proceeds. Every Lawyer Has to Face an Oppo nent Who Is a “Star.” What Is Your Advice to The Less Experienced or Less Famous Lawyer? Coleman: Know your case, know the facts, know the case law, and always speak with respect to the judge. If you are in front of a jury, your competence can even out your opponent’s star power. Stand your ground; just because the other side has a big name does not mean they have your facts or your knowledge of the case.

juror may have. Additionally, it informs the jury not only about the process, but (to the extent allowable by law) the issues in the case. How Necessary Is an Opening State ment? Coleman: An opening statement is neces sary. It sets out an overview of the case, whether it is before a jury or a judge. In a bench trial, opening statements can be shorter and do not need all the drama but should preview the case for the trier of fact. Less is more; in most cases, open ing statements should be at maximum of 15 to 20 minutes. Before a jury, opening statements serve as your chance to also show the jury you are competent and speak succinctly. McWilliams: An opening statement

Judge Sharon Coleman

Judge Israel Desierto

Justice LeRoy Martin, Jr.

Judge Clare McWilliams

26 May/June 2022